The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1887-10-27
TIE QUEER LAWS AND CUSTOMS
OF THE GOOD OLD DAYS.
How the Romans Secured Wives-Why
the Ring is Worn-Jewish Marriage
Rites-The Uninvited Guests
Revenge in the Colonial
Days.
PatsJurg Dispatch.

PatsJurg Dispatch.
Adam would probably never have
married if he had been compelled to
hunt around the present Allegheny
court buildings to find the little back
room of the Registers office, where
he would be obliged to pay his half
dollar and swear to more things than
he ever dreamed of before he could
get marriage license. He would
certainly have been in bad fix when
he came to swear that Eve was of
full sge, or to produce the written
consent of her father or mother. 1t
is safe to say that he would have
given it up and died an old bachelor.
Yet without minister, magistrate,
register or other official Intervention
the marriage of Adam and Eve was
such that it wopld have stood the
test of the old English common law.
From earliest times the various
states of society have imposed regu-
lations for the observance of this sol-
elnn contract. For marriage is sim
ply contract, except that the par
ties cannot now change or terminate
it by mutual consent, as they can all
other contracts. There is in the
Royal Library of Paris written
contract made in 1897, between two
persons of noble birth in Armagual.
The husband and wife were bound to
each other for seven years. 1t was also
agreed that the parties should have
the right to renew the tie at the end
of that time if they mutually agreed;
but If not, the children were to be
equally divided, and if the number
should chance not to be even, they
were to draw lots for the odd one.
Tie Roman Church alone regarded
marriage as a sacrament, but all the
other churches recognized 1t as di-
vine institution. and, accordingly,
every denomination has provided re-
ligious services for its solemnization.
So strong hold did the church in En-
gland gain upon it that for a long time
the regulation of marriage and d.
vorce was almost exclusively under
the church's Jurisdiction.
Among the Romans there were
three ways of obtaining q wife-by
capture. sale or gift. When Roman
bought wife, and this was the usual
way, the ceremony that followed was
merely gone through for the sake of
having indisputable evidence of, the
sale. The-head of the family had to
give her over to the husband in the
presence Of witnesses, and it is from
this that we now have the custom of
giving away the bride. Before the
period of Rome's greatness, the par
ties could dissolve the marriage by
mutual consent. When they wished
to terminate the contract, they usu-
ally went before an altar and in the
presence of witnesses declared the
marriage at an end. At and after
the time of Romes greatness the
marriage was indissoluble. The Ro-
man husband took his wife not as
her husband, but as her father. She
came into his family the same almost
as an adopted daughter. Originally
the husband had absolute anu com,
plete control over her and her prop,
erty. Even after his death she was
subjected to any guardianship that
he might have had appointed for her
during his lifetime. But change
came in her condition, and came as
changes usually come, from one ex-
treme to another. The wife was now
subject to the tutelage of guardians
appointed by her own family. This
tutelage gave her very independent
position as to her sepa e estate and
person.
Before this change came, and even
| afterward, there was exercised among
the Romans complete tyranny by the
head of the family over his relations
which were members of his family.
AS head of the family the eldest male
was always the head. He had power
not only over his relatives, but all
persons connected with his household
and his children's households. While
the father lived his son was subject
to him, although tie son might be 40
years old and have large family of
his own. The grandchildren were
subject to the grandfather the same
as their own father. The family was
then regarded much as we now re.
gard the individual. If a member
committed crime the whole family
was held responsible, and 1t was per-
fectly lawful for the injured family
to get revenge or satisfaction even if
it were necessary to exterminate the
whole offending family. This was
carried to such an extent that some
times whole families were destroyed.
The blood feud, and it was well
named, descended from father to son.
1t was to the Roman, in effect. what
the inherited curse was to the Greek.
The feud was kept up not so much
for the sake of punishment as to pre-
vent the supposed liability Of the Of
Tending family to commit fresh Of.
fenses. With all their peculiar GUS
toms in regard to the family, it must
be said to their credit that they never
to any extent practiced polygamy.
If the Romans did not countenance
polygamy, the Hebrews did; and
they had more peculiar. custom.
There was law among them called
the Levirate. which means brother.in-
law, and according to this law. at the
! 5ao.h Df fho buchanS tho pnyt o1Ioct